ENFORCEMENT DECREE OF THE TOURISM PROMOTION ACT
Wholly Amended by Presidential Decree No. 16295, May 10, 1999
Amended by Presidential Decree No. 17589, Apr. 27, 2002
Presidential Decree No. 18082, Aug. 6, 2003
Presidential Decree No. 18800, Apr. 22, 2005
Presidential Decree No. 18978, Jul. 27, 2005
Presidential Decree No. 19312, Feb. 2, 2006
Presidential Decree No. 20976, Aug. 26, 2008
Presidential Decree No. 21128, Nov. 26, 2008
Presidential Decree No. 21271, Jan. 20, 2009
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 21768, Oct. 7, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21863, Nov. 30, 2009
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 22058, Feb. 24, 2010
Presidential Decree No. 22209, jun. 15, 2010
Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 22785, Mar. 30, 2011
Presidential Decree No. 23199, Oct. 6, 2011
Presidential Decree No. 23451, Dec. 30, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23790, May 14, 2012
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24187, Nov. 20, 2012
Presidential Decree No. 24822, Oct. 31, 2013
Presidential Decree No. 24884, Nov. 29, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25473, Jul. 16, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25593, Sep. 11, 2014
Presidential Decree No. 25674, Oct. 28, 2014
Presidential Decree No. 25783, Nov. 28, 2014
Presidential Decree No. 26086, Feb. 3, 2015
Presidential Decree No. 26150, Mar. 17, 2015
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26479, Aug. 4, 2015
Presidential Decree No. 26642, Nov. 18, 2015
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 27044, Mar. 22, 2016
Presidential Decree No. 27241, jun. 21, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27425, Aug. 2, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27931, Mar. 8, 2017
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28128, jun. 20, 2017
Presidential Decree No. 28521, Dec. 29, 2017
The purpose of this Decree is to provide for matters delegated by the Tourism Promotion Act and those necessary for the enforcement thereof.
| Article 2 (Categories of Tourism Businesses) |
| (1) | Tourism businesses shall be sub-categorized as follows, pursuant to Article 3 (2) of the Tourism Promotion Act (hereinafter referred to as the "Act"): <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 20976, Aug. 26, 2008; Presidential Decree No. 21271, Jan. 20, 2009; Presidential Decree No. 21676, Aug. 6, 2009; Presidential Decree No. 21768, Oct. 7, 2009; Presidential Decree No. 21807, Nov. 2, 2009; Presidential Decree No. 23451, Dec. 30, 2011; Presidential Decree No. 24884, Nov. 29, 2013; Presidential Decree No. 25473, Jul. 16, 2014; Presidential Decree No. 25783, Nov. 28, 2014; Presidential Decree No. 27044, Mar. 22, 2016> |
| 1. | Subcategories of travel businesses: |
| (a) | General travel business: A travel business for domestic residents and foreigners who travel in Korea or overseas (including an agency for providing visa processing services on behalf of others); |
| (b) | Overseas travel business: A travel business for domestic residents who travel overseas (including an agency providing visa processing services on behalf of others); |
| (c) | Domestic travel business: A travel business for domestic residents who travel in Korea; |
| 2. | Subcategories of hotel businesses: |
| (a) | Tourist hotel business: A business operating facilities suitable for accommodation of tourists and facilities suitable for meals, sports, recreation, rest, performances, or training programs (hereinafter referred to as "ancillary facility") to provide them with such facilities, along with accommodation; |
| (b) | Floating tourist hotel business: A business operating facilities suitable for accommodation of tourists in a structure or a ship fixed or moored on the water, or ancillary facilities, along with such accommodation to provide tourists with such facilities; |
| (c) | Korean traditional hotel business: A business operating facilities suitable for accommodation of tourists in a traditional Korean-style building or ancillary facilities, along with such accommodation to provide tourists with such facilities; |
| (d) | Family hotel business: A business operating facilities with cooking utensils suitable for accommodation of touring families, or operating facilities suitable for meals, sports, rest, or training programs to provide tourists with such facilities, along with accommodation; |
| (e) | Hostel business: A business operating facilities suitable for accommodation of individual tourists, such as backpackers, by providing such tourists with convenience facilities, including showers, and kitchens, and cultural and information exchange facilities for foreign and local tourists; |
| (f) | Small hotel business: A business operating small facilities suitable for accommodation of tourists, along with facilities suitable for meals, sports, rest, or training programs to provide tourists with such facilities; |
| (g) | Medical tourist hotel business: A business operating facilities with cooking utensils suitable for medical tourists, or such facilities, along with facilities suitable for meals, sports, or rest to make them available to foreign tourists; |
| 3. | Subcategories of tourist-use facility business: |
| (a) | Specialized resort business: A business operating facilities for a lodging business (including the facilities referred to in Article 2 (1) 1 and 2 of the Enforcement Decree of the Public Health Control Act; hereinafter referred to as "accommodation facility") or facilities required for filing a report on a snack restaurant business, an ordinary restaurant business, or a bakery business prescribed in subparagraph 8 (a), (b), or (f) of Article 21 of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as "restaurant facilities") along with one facility referred to in subparagraph 4 (a) (ii) (aa) through (a'a') of attached Table 1 (hereinafter referred to as "specialized resort facility") to provide tourists with such facilities for rest or recreation; |
| (b) | General resort complex business: |
| (i) | Class-I resort complex business: A business operating accommodation facilities or restaurant facilities along with at least two different types of specialized resort facilities, or operating accommodation facilities or restaurant facilities, along with at least one type of specialized resort facilities and facilities for a general amusement complex to provide tourists with such facilities; |
| (ii) | Class-II resort complex business: A business operating facilities required for registration of a tourist accommodation business and at least two different kinds of specialized resort facilities required for registration of a Class-I resort complex business or at least one type of specialized resort facilities and facilities for a general amusement complex business to provide tourists with such facilities for rest or recreation; |
| (i) | General campground business: A business operating a space available for installing camping equipments, etc. and being equipped with facilities suitable for camping to allow tourists to use such facilities; |
| (ii) | Auto campground business: A business operating a space available for parking a car and installing camping equipments, etc. nearby and being equipped with facilities suitable for cooking, etc. to allow tourists with cars to use such facilities; |
| (d) | Tourist excursion ship business: |
| (i) | General ship excursion business: A sightseeing business using a ship operated by a person holding a license for marine passenger transport business prescribed in the Marine Transportation Act or a person holding a license for, or has reported excursion ship business prescribed in the Excursion Ship and Ferry Business Act; |
| (ii) | Cruise Business: A cruise business using a ship with passenger amenities for lodging or entertainment operated by a person holding a license for cruise passenger transportation business or a license for combined marine passenger transportation business prescribed in the Marine Transportation Act; |
| (e) | Tourist theater business: A business selling meals and alcoholic beverages to tourists while presenting performances in appropriate performance facilities prepared for them; |
| (f) | City home-stay services for foreign tourists: A business in which residents of urban areas referred to in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act (excluding rural communities and quasi-rural communities provided for in the Rearrangement of Agricultural and Fishing Villages Act) equip any of following houses they are living in with facilities suitable for foreign tourists’ experiencing culture of Korean houses and provide foreign tourists with accommodations, etc. (including cases where a community company defined in subparagraph 9 of Article 2 of the Special Act on Promotion of and Support for Urban Regeneration, according to the urban regeneration revitalization plan defined in subparagraph 6 of the same Article, provides accommodations, etc. to domestic tourists of the relevant region to allow them to experience specific local culture of the region, within the extent of not causing inconveniences to foreign tourists, while providing accommodations, etc. preferentially to foreign tourists): |
| 4. | Subcategories of international conference businesses: |
| (a) | International conference facility business: A business operating facilities installed with sufficient capacity to hold international conferences creating large demand for tourism; |
| (b) | International conference planning business: A business of planning, preparing, and holding outsourced international conferences creating large demand for tourism, as an agent; |
| 5. | Subcategories of amusement facility businesses: |
| (a) | General amusement complex business: A business operating at least six types of amusement facilities or machines subject to safety inspections conducted under Article 33 of the Act for tourists in a large outdoor or indoor area; |
| (b) | Ordinary amusement facility business: A business operating at least one type of amusement facility or machine subject to safety inspections conducted under Article 33 of the Act for tourists; |
| (c) | Miscellaneous amusement facility business: A business operating amusement facilities or machines not subject to safety inspections conducted under Article 33 of the Act for tourists; |
| 6. | Subcategories of tourist convenience facility businesses: |
| (a) | Tourist entertainment restaurant business: A business providing meals to persons who use traditional Korean-style facilities suitable for tourists, with a license for an entertainment drinking house business prescribed in Acts and subordinate statutes governing food sanitation, and serving them with music and dance performances, or having them enjoy their own dancing; |
| (b) | Tourist theatre entertainment business: A business providing meals to persons who use dancing facilities suitable for tourists, with a license for an entertainment drinking house business prescribed in Acts and subordinate statutes governing food sanitation and serving them with music and dance performances, or having them enjoy their own dancing; |
| (c) | Entertainment restaurant business exclusively for foreigners: A business operating facilities suitable for foreigners, with a license for an entertainment drinking house business prescribed in statutes governing food sanitation to serve exclusively foreigners alcoholic beverages or other foods, and provide them with music and dance performance or facilities for dancing; |
| (d) | Tourist restaurant business: A business operating facilities suitable for tourists with a license for an ordinary restaurant business prescribed in Acts and subordinate statutes governing food sanitation to serve customers special meals of a particular country; |
| (e) | Circular tour bus business: A business providing tourists with regular circular tour services of tourist destinations in a city and its surrounding areas by bus with a license for, or registration of, a passenger vehicle transport business prescribed in the Passenger Transport Service Act; |
| (f) | Tourist photography business: A business taking pictures of foreign tourists for sale, travelling along in company with them; |
| (g) | Passenger vehicle terminal facility business: A business operating facilities of a passenger vehicle terminal suitable for tourists with a license for a passenger vehicle terminal business prescribed in the Passenger Transport Service Act, and providing them with facilities for rest and with information and other facilities for their convenience; |
| (h) | Tourist pension business: A business operating facilities suitable for tours for experiencing natural and cultural attractions, along with accommodation facilities to provide tourists with such facilities; |
| (i) | Tourist tramway business: A business operating facilities suitable for watching surrounding views and transportation with a license for tramway business prescribed in the Tramway Transportation Act; |
| (j) | Traditional Korean housing experience business: A business operating facilities suitable for experiencing lodging in traditional Korean houses (referring to buildings keeping intrinsic traditional beauty among buildings, the main structures of which are made of wood and Korean-style tiles are used, and facilities annexed thereto), or operating facilities suitable for experiencing traditional Korean culture, including Korean-style meals, to provide tourists with such facilities; |
| (k) | Tourist duty-free business: A business in which any of the following persons has sales facilities and sells duty-free goods to tourists: |
| (ii) | A person who has obtained designation of a duty-free shop pursuant to Article 5 of the Regulations on Special Cases concerning Value-Added Taxes and Individual Consumption Taxes for Foreign Tourists, Etc. |
| (2) | Paragraph (1) 6 (h) shall not apply to any area governed by the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City. |
| Article 3 (Procedures for Registration) |
| (1) | Any person who intends to apply for registration under Article 4 (1) of the Act shall file an application for registration of a tourism business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, with the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu (the head of Gu refers to the head of an autonomous Gu; the same shall apply hereinafter): <Amended by Presidential Decree No. 21768, Oct. 7, 2009> |
| (2) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall make a decision as to whether to accept the registration of a tourism business after deliberation by the Deliberative Committee on Registration of Tourist Accommodation Business and Tourist-use Facility Business under Article 17 of the Act, if the relevant registration of a tourism business is subject to such deliberation under the said Article. <Amended by Presidential Decree No. 21768, Oct. 7, 2009> |
| Article 4 (Issuance of Registration Certificates) |
| (1) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall, upon receiving an application for registration under Article 3, issue a registration certificate to the applicant as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, if the application meets the criteria for registration under Article 5. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009> |
| (2) | When the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu intends to issue a registration certificate under paragraph (1), it may request the heads of competent authorizing or permitting agencies to forward certificates of authorization and permit so that the certificates of constructive authorization and permit under Article 18 (1) of the Act can be issued all simultaneously. <Amended by Presidential Decree No. 21768, Oct. 7, 2009> |
| (3) | When the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu issues a registration certificate under paragraphs (1) and (2), it shall record it in the register of tourist business operators and maintain and preserve it as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009> |
| (4) | If a certificate issued to a registered tourism business operator under paragraph (1) is lost or damaged, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall re-issue such certificates as prescribed by Ordinance of the Ministry of Culture, Sport and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009> |
| Article 5 (Criteria for Registration) |
The criteria for registration of tourism businesses under Article 4 (3) of the Act is as prescribed in attached Table 1: Provided, That the following criteria shall apply where an application for registration of a hot spring resort, or agricultural or fishing village resort facilities, among resort condominium businesses and specialized resort businesses, is filed pursuant to Article 3 (1) during a period from November 1, 2012 to October 31, 2014: <Amended by Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 24822, Oct. 31, 2013> | 1. | In cases of the resort condominium business, at least 20 guest rooms shall be placed within a same complex, notwithstanding subparagraph 3 (a) (1) of attached Table 1; |
| 2. | In cases of hot spring resorts among specialized resort businesses, the following requirement shall be fulfilled, notwithstanding subparagraph 4 (a) (2) (g) of attached Table 1: |
| (a) | It shall have public bath facilities using hot spring water; |
| (b) | At least two types of recreational facilities, such as a tennis court, table tennis room, bowling alley, archery field, mini golf course, badminton court, roller skating rink, and boat yard, or facilities of the amusement facilities business defined in subparagraph 5 of Article 2 shall be available. |
| 3. | Agricultural or fishing village facilities among specialized resort businesses shall fulfill the following requirements, notwithstanding subparagraph 4 (a) (2) (j) of attached Table 1: |
| (b) | They shall be raising special purpose crops or trees, etc. or fish or rare animals, etc. that can be used for tourists’ sightseeing or rest. |
| Article 6 (Revised Registration) |
| (1) | Matters subject to the revised registration under Article 4 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 26150, Mar. 17, 2015> |
| 1. | Matters included in approval for any revision to a business plan (this subparagraph shall be applicable only to a tourism business that has obtained approval for the business plan); |
| 2. | A change of the trade name or the representative; |
| 3. | A change in the number or types of guest rooms (this subparagraph shall be applicable only to a tourist accommodation business, other than a resort condominium business); |
| 4. | A change in the location, area, or type of an ancillary facility (this subparagraph shall be applicable only to a tourist accommodation business); |
| 5. | A change in the address of the office or establishment of a new sales office for a travel business, and a change in the address of the office for an international conference planning business; |
| 6. | A change in the size of a lot, the installation or removal of facilities (only applicable to campground business). |
| (2) | Any person who intends to revise registration under paragraph (1) shall file an application for registration of the revision with a Special Self-Governing Province Governor and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism within 30 days from the date when an event that caused such revision, occurs: Provided, That where the address of the office is changed among the matters subject to the revised registration under paragraph (1) 5, the application for revised registration may be filed with a Special Self-Governing Province Governor and the head of a Si/Gun/Gu having jurisdiction over the new seat of the office. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009> |
| Article 7 (Amusement Facility Business Subject to Permission) |
"Amusement facility business, as prescribed by Presidential Decree" in Article 5 (2) of the Act means a general amusement complex business or an ordinary amusement facility business.
| Article 8 (Restrictions on Use of Trade Names) |
No one, other than a tourism business operator, pursuant to Article 10 (3) and (4) of the Act, shall use any trade name that includes the following words: <Amended by Presidential Decree No. 21271, Jan. 20, 2009; Presidential Decree No. 22209, Jun. 15, 2010; Presidential Decree No. 25593, Sep. 11, 2014; Presidential Decree No. 27044, Mar. 22, 2016 > | 1. | The words "tourist hotel" or “resort condominium,” if the business involved is similar to the hotel business; |
| 2. | The word "tourist excursion," if the business involved is similar to the tourist excursion ship business; |
| 3. | The word "performance for tourists," if the business involved is similar to the tourist theater business; |
| 4. | Deleted; <by Presidential Decree No. 25473, Jul. 16, 2014> |
| 5. | The word "tourist restaurant," if the business involved is similar to the tourist entertainment restaurant business, the exclusive entertainment restaurant business for foreigners, or the tourist restaurant business; |
| 5-2. | The word "tourist theatre," if the business involved is similar to the tourist theatre entertainment business; |
| 6. | The word "tourist pension," if the business involved is similar to the tourist pension business; |
| 7. | The word “tourist duty-free,” if the business involved is similar to the tourist duty-free business. |
| Article 8-2 (Institutions Related to Inducement and Support of Foreigners' Medical Tourism) |
| (1) | "Any institution related to inducement and support of foreigners' medical tourism that meets standards prescribed by Presidential Decree" in Article 12-2 (1) of the Act means any of the following institutions or organizations: <Amended by Presidential Decree No. 24884, Nov. 29, 2013; Presidential Decree No. 27241, Jun. 21, 2016> |
| 3. | Other institutions publicly notified by the Minister of Culture, Sports and Tourism, from among institutions related to health, medical care, or tourism having records for implementing projects revitalizing medical tourism (hereinafter referred to as "medical tourism") prescribed in Article 12-2 (1) of the Act. |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 8-3 (Support for Foreigners' Medical Tourism) |
| (1) | To support foreigners' medical tourism under Article 12-2 (2) of the Act, the Minister of Culture, Sports and Tourism may select and support exemplary specialized training institutions or outstanding training courses from among institutions specialized in training experts in foreigners' medical tours. |
| (2) | The Minister of Culture, Sports and Tourism may open and operate information centers for inducing foreigners' medical tourism in Korea or at overseas locations to provide conveniences in giving information concerning foreigners' medical tourism. |
| (3) | The Minister of Culture, Sports and Tourism may promote overseas marketing business jointly with the head of a local government, medical institution inducing foreign patients, or foreign patient broker in order to facilitate medical tourism. <Amended by Presidential Decree No. 24884, Nov. 29, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 9 (Approval for Revision to Business Plan) |
| (1) | Pursuant to the latter part of Article 15 (1) of the Act, it is required to obtain approval for a revision to a business plan for a tourist accommodation business, if the intended revision falls under any of the following subparagraphs: <Amended by Presidential Decree No. 23451, Dec. 30, 2011> |
| 1. | It involves modification of the area of the premises or building site by no less than 10/100 of the total area originally planned and approved; |
| 2. | It involves modification of the total floor area of the building by not less than 10/100 of the total floor area originally planned and approved; |
| 3. | It involves modification of the number or area of guest rooms (this subparagraph shall be applicable only to a resort condominium business); |
| 4. | It involves the change of the business category from a hotel business to a resort condominium business and vice versa or the change of the business subcategory from a subcategory of the hotel business to another subcategory of the same business and meets the criteria for the registration of the type of the changed business. |
| (2) | Pursuant to the latter part of Article 15 (2) of the Act, approval is required for a revision to a business plan for a tourist-use facility business or an international convention business, if the intended revision falls under any of the following subparagraphs: |
| 1. | It involves modification of the total area of the premises or building site or the total floor area of the building for a specialized resort business or a general resort complex business by not less than 10/100 of the total area originally planned and approved; |
| 2. | The intended modification of international convention facilities for the international convention business falls under any of the following items: |
| (a) | It involves modification of the number of conference rooms or the indoor exhibition area of the specialized convention facility under Article 3 (2) of the Enforcement Decree of the International Conference Industry Promotion Act by not less than 10/100 of the number of conference rooms or the indoor exhibition area originally planned and approved; |
| (b) | It involves modification of the number of conference rooms or the indoor exhibition area of the exhibition area under Article 3 (4) of the Enforcement Decree of the International Conference Industry Promotion Act by not less than 10/100 of the number of conference rooms or the indoor exhibition area originally planned and approved; |
| Article 10 (Applications for Approval of Business Plans) |
| (1) | Each person who intends to obtain approval of a business plan for the tourist hotel business, floating tourist hotel business, Korean traditional hotel business, family hotel business, hostel business, small hotel business, medical tourism hotel business, resort condominium business, or any tourism business referred to in the subparagraphs of Article 12 (hereinafter referred to as "business plan") pursuant to Article 15 (1) and (2) of the Act, shall file an application for approval of the business plan with the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009; Presidential Decree No. 22209, Jun. 15, 2010; Presidential Decree No. 24884, Nov. 29, 2013> |
| (2) | Each person who intends to obtain approval to revise his/her business plan under Article 9 shall file an application for approval for revision to the business plan with the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009> |
| (3) | Upon receipt of an application for approval of a business plan or revision to such business plan pursuant to paragraphs (1) and (2), the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu shall consult with the head of the relevant administrative agency pursuant to Article 16 (2) of the Act, if the relevant tourism business involves constructive authorization, permission, etc. under Article 16 (1) of the Act. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| (4) | Upon receipt of a request for consultation pursuant to paragraph (3), the relevant administrative agency shall present its opinion within 30 days of receipt of such request: In such cases, if no opinion is presented within said period, consultation shall be deemed held. <Amended by Presidential Decree No. 25783, Nov. 28, 2014> |
| Article 11 (Notice of Approval for Business Plans) |
Upon granting approval for a business plan or revisions to such business plan, for which an application has been filed in accordance with Article 10, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall notify the applicant of the approval without delay. <Amended by Presidential Decree No. 21271, Jan. 20, 2009>
| Article 12 (Tourist-Use Facility Business and International Conference Business Subject to Approval for Business Plan) |
"Tourist-use facility business or international conference business specified by Presidential Decree" in the forepart of Article 15 (2) of the Act refers to: | 1. | A specialized resort business; |
| 2. | A general resort complex business; |
| 3. | A tourist excursion ship business; |
| 4. | An international conference facility business. |
| Article 13 (Criteria for Approval of Business Plans) |
| (1) | The criteria for approval of business plans and revisions to such business plans prescribed in Article 15 of the Act shall be as follows: <Amended by Presidential Decree No. 22209, Jun. 15, 2010; Presidential Decree No. 24884, Nov. 29, 2013; Presidential Decree No. 25783, Nov. 28, 2014; Presidential Decree No. 27044, Mar. 22, 2016> |
| 1. | Details of the business plan shall comply with the relevant Acts and subordinate statutes; |
| 2. | The business plan shall demonstrate the capability of, and scheme for, raising funds necessary for the implementation thereof; |
| 3. | Tourist accommodation facilities and amusement facilities ancillary to such facilities in an ordinary residential area shall meet the following criteria, in order to protect the neighboring residential environment, while those in a semi-residential area shall meet the criteria prescribed in item (c): Provided, That none of the criteria prescribed in item (a) shall apply to approval for any revision to a business plan in an ordinary residential area (excluding construction of a new building or re-construction after completely demolishing an existing building) and none of the criteria prescribed in item (d) shall apply to any facility for the hostel business in an ordinary residential area: |
| (a) | The site shall adjoin to a road: Provided, That a Special Self-Governing Province and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) may strengthen this criteria by its ordinance, if necessary for protecting the residential environment, considering the characteristics of the region; |
| (i) | Tourist hotel business, floating tourist hotel business, Korean traditional hotel business, family hotel business, medical tourism hotel business, and resort condominium business: The building site shall adjoin to a road, at least twelve meters wide, and at least four meters along; |
| (ii) | Hostel business and small hotel business: The building site shall adjoin to a road, at least eight meters wide, and at least four meters along; |
| (b) | No height of any section of a building (referring to the entire building in which tourist accommodation facilities are established) shall exceed twice the horizontal distance from the section to the boundary line (referring to the boundary line on the opposite side of another lot of land adjoining to a park, an open square, a road, a river, or an empty space in which no building works are permitted, if such park, open square, road, river, or empty space between the building site and another lot of land exists) of the adjoining road in the direction of a window or door installed for natural lighting of the building; |
| (c) | No facility that creates noise pollution shall harm the neighboring residential environment by any means, including installation of such facility under the ground; |
| (d) | At least 15 percent of each building site shall be filled with landscaped gardens, and a grove belt isolating the building site from adjoining lots, shall be formed by properly-grown trees along the boundary line of the building site; |
| 4. | The annual number of domestic guests shall not exceed 40 percent of the total accommodation capacity (this shall apply only to medical tourism hotel businesses). |
| (2) | Upon receipt of an application for approval to revise a business plan for reducing the size of the resort condominium business, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall grant approval for such revision only where none of the following reduction rates exceeds the ratio of the total number of residual members, etc. which means actually unsold units of ownership or membership (hereafter referred to as "ratio of unsold units" in this paragraph) to the total number of units of ownership or membership (hereafter referred to as "ownership or membership" in this paragraph) on the sale in units and member recruiting plan originally approved as of the date the revision to the business plan is to be approved: Provided, That approval for revisions may be granted in excess of the ratio of unsold units, if the relevant business operator has notified the owners or members that the price for sale in units or membership offered to the owners or members who have already purchased ownership or membership should be lowered in proportion to the reduced area of the building site or guest rooms (referring to exclusive and common areas; hereafter the same shall apply in this paragraph): <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| 1. | The ratio of the reduced area of the building site on the revised plan, to the area of the building site on the original plan (referring to the business plan already approved; hereafter the same shall apply in this paragraph); |
| 2. | The ratio of the reduced number of guest rooms on the revised plan, to the number of guest rooms on the original plan; |
| 3. | The ratio of the reduced total area of guest rooms on the revised plan, to the total area of guest rooms on the original plan. |
| Article 14 (Zones Permitted for Construction of Tourist Accommodation Facilities) |
| 1. | Ordinary residential zones; |
| 2. | Semi-residential zones; |
| 3. | Semi-industrial zones; |
| Article 14-2 (Establishment of Tourist Accommodation Facilities within School Environmental Sanitation and Cleanup Zones) |
| 1. | Seoul Special Metropolitan City; |
| (2) | Tourist accommodation facilities to which Article 6 (1) 13 of the School Health Act does not apply pursuant to Article 16 (7) of the Act shall ensure that its public spaces, such as the entrance through which its guests can enter the relevant facilities by car or on foot, parking lot, and lobby, have open structures visible from the outside. |
[This Article Newly Inserted by Presidential Decree No. 27044, Mar. 22, 2016]
| Article 15 (Chairperson's Duties) |
| (1) | The chairperson of the Deliberative Committee on Registration of Tourist Accommodation Business and Tourist-use Facility Business (hereinafter referred to as the "Committee") under Article 17 (1) of the Act shall represent the Committee and shall have overall control over the Committee's business affairs. |
| (2) | The vice-chairperson shall assist the chairperson, and shall act on behalf of the chairperson in cases where the chairperson is unable to perform his/her duties due to any unavoidable event or cause. |
| (1) | The chairperson shall call meetings of the Committee and take the chair of such meetings. |
| (2) | Resolution at the meeting shall be adopted by the presence of two thirds or more of all the Committee members and the affirmative vote of two-thirds or more of the Committee members present at the meeting. |
The chairperson may have an interested party or any expert in the field of safety, fire-fighting, etc. attend a meeting to present his/her opinions, if deemed necessary in connection with any item on the agenda for deliberation.
The Committee shall have a secretary who shall handle the Committee's general affairs.
| Article 19 (Operating Rules) |
Matters necessary for the operation of the Committee shall be prescribed by the chairperson, but subject to any resolution by the Committee, in addition to the provisions of this Decree.
| Article 20 (Tourism Business Subject to Deliberation on Registration) |
| (1) | "The tourist-use facility business or the international conference business specified by Presidential Decree" in Article 17 (1) and (3) 1 of the Act refers to a tourism business under any subparagraph of Article 12. |
| (2) | "Minor modification as specified by Presidential Decree" in the proviso to Article 17 (4) of the Act means the modification of any trivial matter deliberated under Article 17 (3) in cases where two or fewer agencies are involved in the matter. |
| Article 21 (Business Deemed to Have Obtained Constructive Authorization or Permit) |
| Article 21-2 (Matters to be Observed by Tourist Accommodation Business Operators) |
| (1) | “Area prescribed by Presidential Decree” in subparagraph 3 of Article 18-2 of the Act means either of the following areas: |
| 1. | Seoul Special Metropolitan City; |
[This Article Newly Inserted by Presidential Decree No. 27044, Mar. 22, 2016]
| Article 22 (Rating of Hotel Businesses) |
| (1) | “Person prescribed by Presidential Decree” referred to in the proviso to Article 19 (1) of the Act, means a person registered to engage in the tourism hotel business, floating tourism hotel business, Korea traditional hotel business, small hotel business, or medical tourism hotel business. <Amended by Presidential Decree No. 25593, Sep. 11, 2014> |
| (2) | The rating of hotel businesses, among tourist accommodation businesses, shall be classified into: five stars, four stars, three stars, two stars, and single star, pursuant to Article 19 (5) of the Act <Amended by Presidential Decree No. 25593, Sep. 11, 2014; Presidential Decree No. 25783, Nov. 28, 2014> |
| (3) | Deleted. <by Presidential Decree No. 25593, Sep. 11, 2014> |
| Article 22-2 (Designation of Excellent Accommodation Facilities) |
| (1) | Designation standards of excellent accommodation facilities designated by the Minister of Culture, Sports and Tourism under Article 19-2 (1) of the Act are as indicated in attached Table 1-2. |
| (2) | Where excellent accommodation facilities designated by the Minister of Culture, Sports and Tourism fall under any of the following subparagraphs, he/she may cancel designation thereof: Provided, That where cases fall under subparagraph 1, designation thereof shall be cancelled: |
| 1. | Where designation is granted in false or other unlawful means; |
| 2. | Where designation standards under attached Table 1-2 can not be met. |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 23 (Tourism Business for Sale by Units and Offering of Membership) |
| 1. | Resort condominium business or a hotel business; |
| 2. | Class-Ⅱ resort complex business among tourist-use facility businesses. |
| (2) | "Type of tourism accommodation business specified by Presidential Decree" in the proviso to Article 20 (2) 2 of the Act means any of the following lodging business: <Amended by Presidential Decree No. 20976, Aug. 26, 2008> |
| 1. | Resort condominium business; |
| 3. | Deleted. <by Presidential Decree No. 20976, Aug. 26, 2008> |
| Article 24 (Guidelines and Timing for Sale in Units and Offering of Membership) |
| (1) | Guidelines for sale in units and for offering membership for facilities of a resort condominium business under Article 20 (4) of the Act, and guidelines for offering membership for facilities of a hotel business or a Class-II resort complex business, shall be as follows: Provided, That offering membership for facilities of a registered sports facility business, among facilities for Class-II resort complex businesses, shall be governed by the Installation and Utilization of Sports Facilities Act: <Amended by Presidential Decree No. 21128, Nov. 26, 2008; Presidential Decree No. 22209, Jun. 15, 2010; Presidential Decree No. 25593, Sep. 11, 2014> |
| 1. | The following applicable ownership, etc. shall be obtained. In such cases, it shall also obtain ownership of the relevant building, if a building for the resort condominium business, hotel business, or Class-II resort complex business has been approved for use at the time such ownership (applicable only for a resort condominium business; hereinafter the same shall apply) or membership is offered for sale: |
| (a) | For a resort condominium business or hotel business (excluding a floating tourist hotel): Ownership of the building site on which the tourist accommodation facility is built; |
| (b) | For a floating tourist hotel: Ownership of the structure or ship; |
| (c) | For a Class-II resort complex business: Ownership of, or rights to, use the building site on which facilities for the Class-II resort complex business are built for offering the membership; |
| 2. | Title in the building site, premises, and buildings referred to in subparagraph 1 shall be free of all incumbrances, if such property is subject to any incumbrance: Provided, That the foregoing shall not apply until registration of the transfer of ownership in the purchaser's name is completed, if the property is owned jointly, or if the property is insured by a guarantee insurance policy equivalent to the amount secured by an incumbrance created on the property on condition that the insurance indemnifies all damage or losses that purchasers or members may sustain in an event arising in connection with the sale in units or offering of membership, until the title of the property becomes free of all incumbrances if the property is managed under the membership system; |
| 3. | In cases of sale in units, the number of purchasers per guest room shall be at least five persons, and the purchasers shall not be comprised only of members of a family (referring to the husband and wife and their lineal ascendants and descendants): Provided, That the foregoing shall not apply to the following: |
| (a) | If a co-owner is a corporation; |
| (b) | If the relevant building is a resort condominium constructed in any investment areas determined and publicly notified by the Minister of Justice pursuant to subparagraph 27 (j) of attached Table 1 of the Enforcement Decree of the Immigration Act and a co-owner is a foreigner; |
| 4. | Deleted; <by Presidential Decree No. 26642, Nov. 18, 2015> |
| 5. | The number of days for which a guest room is available for the occupancy of each co-owner or member annually, shall not exceed the number of days calculated by dividing the number of co-owners or members prescribed in the plan, to whom each guest room is sold or offered for co-ownership or membership, by 365 days; |
| 6. | No facility shall be offered for sale in units or membership for residential use. |
| (2) | The timing for sale in units or offering membership for a resort condominium business, a hotel business, or a Class-II resort complex business under paragraph (1), shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| 1. | For a resort condominium business or a Class-II resort complex business: |
| (a) | The sale in units or offering of membership shall commence when the total progress rate of works for the relevant facilities reaches a certain milestone prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and only the number of guest rooms amounting to the progress rate of works out of the total number of guest rooms shall be offered for sale in units or membership; |
| (b) | Where the facilities are offered for sale in units or membership in excess of the number of guest rooms amounting to the milestone, the business shall carry a guarantee insurance policy covering the amount offered for sale in units or membership in excess of the total progress of works on condition that the insurance indemnifies all damage and losses sustained by the purchasers or members by an accident arising in connection with the sale in units or offering of membership until the tourism business is registered; |
| 2. | For a hotel business: The business shall offer its membership after the tourism business is registered: Provided, That subparagraph 1 (a) and (b) shall apply to a hotel business included in the subcategory of Class-II resort complex business. |
| Article 25 (Submission of Plans for Sale by Units or Offering of Membership) |
| (1) | A person who intends to promote sale by units or offer membership under Article 24 shall file a plan for sale by units or offering of membership with the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009> |
| (2) | If details of a plan for sale by units or offering of membership submitted pursuant to paragraph (1) differ from details of the approval for the relevant business plan, an application for approval for the revisions to the business plan shall be submitted together. |
| (3) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall, upon receiving a plan for sale by units or offering of membership pursuant to paragraphs (1) and (2), review the plan and notify the applicant of the result of his/her review. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| (4) | The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to revisions to a plan for the sale by units or offering of membership. |
| Article 26 (Protection of Co-owners or Members) |
Each person who sells any facility in units or offers membership therefor shall comply with the following matters to protect the rights and interests of co-owners and members: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 25593, Sep. 11, 2014; Presidential Decree No. 26642, Nov. 18, 2015>
| 1. | Transfer or acquisition of shares in co-ownership or membership: He/she shall not impose any restriction on transfer or acquisition of shares in co-ownership or membership: Provided, That if an acquirer of a right to use a guest room in a resort condominium pursuant to Article 24 (1) 3, intends to transfer the right to use the guest room to a non-corporate national (including a foreigner who is not a corporation, in cases of resort condominiums not located in any investment area determined and publicly notified by the Minister of Justice pursuant to subparagraph 27 (j) of attached Table 1 of the Decree of the Immigration Act), the transferee shall meet the guidelines for sale in lots provided for in the main sentence of the same subparagraph; |
| 2. | Use of facilities: He/she shall make guest rooms unoccupied by the co-owners or members available for any person, other than co-owners or members. In such cases, the person shall prepare a plan for occupancy of guest rooms subject to a prior agreement with the representative body of co-owners and members referred to in subparagraph 6 and shall prepare a schedule for occupancy of guest rooms, and inform the representative body of co-owners and members of the schedule; |
| 3. | Recovery of expenses incurred in maintaining and managing facilities: |
| (a) | He/she shall exercise a fiduciary duty of due care in managing the relevant facilities, but shall not collect any money in excess of the expenses incurred in maintaining and managing facilities; |
| (b) | He/she shall consult with the representative body of co-owners and members and disclose the results of such consultation to co-owners and members to amend any rules on recovery of expenses incurred in maintaining and managing the relevant facilities; |
| (c) | He/she shall disclose a detailed statement on the use of the money collected to cover expenses incurred in maintaining and managing the relevant facilities, to the representative body of co-owners and members each year; |
| 4. | Return of membership fees (which means money paid to the offeror of membership in consideration of the membership): The effective period of membership and return of membership fees shall be stipulated by an agreement concluded between the person who has obtained approval for the relevant business plan and his/her members, but such membership fees shall be returned within ten days from the date the return of the money is requested, if stipulated that the membership fess shall be paid upon expiration of the effective period of membership; |
| 5. | Issuance and confirmation of membership cards: He/she shall issue a membership card certifying co-ownership or membership in the relevant facilities, as prescribed by Ordinance of the Ministry of Culture, Sport and Tourism, upon confirmation from the institution specified by Ordinance of the Ministry of Culture Sports and Tourism; |
| 6. | Formation and operation of a representative organization of co-owners or members: |
| (a) | The representative organization shall be comprised of at least 20 co-owners or members. In such cases, a person who sold the co-ownership or membership, and the representative, executives and employees of such person shall not participate in the representative organization; |
| (b) | Where the representative organization is formed pursuant to item (a) (including cases where a vacancy is filled), the representative organization shall notify all co-owners or members of the formation thereof by methods of giving notification by electronic mail or text messages using mobile phones or posting on the Internet website of the relevant business operator, and shall receive recommendations about or applications for its members; |
| (c) | A person who sold co-ownerships or memberships shall consult on matters concerning the rights and interests of co-owners or members (excluding matters concerning subparagraph 3 (b)) with the representative organization; |
| (d) | Special cases concerning resort condominium business: |
| i) | Notwithstanding item (a), where one corporation has registered a plural number of resort condominium businesses, an integrated representative organization intended for all or some of resort condominium businesses the corporation has registered shall be formed, and the integrated representative organization (hereinafter referred to as "integrated representative organization") shall include co-owners or members of facilities of each registered resort condominium business according to the following standards: |
| a) | In cases of a registered resort condominium business which has both co-owners and members: At least each one co-owner and member; |
| b) | In cases of a registered resort condominium business which has only co-owners or members: At least one co-owner or member. |
| ii) | Even where an integrated representative organization is formed pursuant to i), if at least 10 constituent members of the integrated representative organization or at least 10 co-owners or members of specific facilities of a resort condominium business make a request for matters concerning the rights and interests of co-owners or members of the relevant facilities of the resort condominium business, at least 20 co-owners or members of the relevant facilities of the resort condominium business shall form a representative organization to hold consultations about the relevant items on the agenda only of the resort condominium business, and such representative organization shall hold consultations about the relevant items on the agenda on behalf of the integrated representative organization. |
| 7. | Other matters concerning protection of rights and interests of co-owners or members: He/she shall state clearly, in the contract for sale of co-ownership or membership, the reference number and date of approval for the relevant business plan (and the reference number and date of registration, if the registration of the tourism business is completed), the current status and location of facilities, the number of days available for occupancy per year, and the effective period of membership. |
| Article 27 (Requirements for Permitting Casino Business) |
| (1) | "Facilities of an international conference business prescribed by Presidential Decree" in Article 21 (1) 1 of the Act means facilities of an international conference facility business prescribed in Article 2 (1) 4 (a). |
| (2) | Requirements for permitting a casino business prescribed in Article 21 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 24187, Nov. 20, 2012; Presidential Decree No. 26479, Aug. 4, 2015> |
| 1. | Where a person intends to engage in a casino business in a facility ancillary to a tourist hotel business or an international conference facility business: |
| (a) | Deleted. <by Presidential Decree No. 26479, Aug. 4, 2015> |
| (b) | Its business plan including a plan for attracting foreign tourists and a forecast for the long-term balance of revenues and expenditures shall be reasonable; |
| (c) | The person shall have the financial capability necessary for implementing the business plan prescribed in item (b); |
| (d) | The person shall have a scheme for internal control of business transactions, including the management of cash and chips; |
| (e) | The person shall meet other standards publicly notified by the Minister of Culture, Sports, and Tourism for the healthy operation of casino business and the promotion of the tourism industry; |
| 2. | Where a person intends to engage in a casino business in a passenger ship plying between Korea and a foreign country: |
| (a) | The passenger ship shall be of a 20 thousand-ton class or heavier and with tonnage equal to or greater than the total tonnage publicly notified by the Minister of Culture, Sports, and Tourism; |
| (b) | Deleted. <by Presidential Decree No. 24187, Nov. 20, 2012> |
| (c) | The person shall meet the requirements prescribed in subparagraph 1 (b) through (e). |
| (3) | The Minister of Culture, Sports, and Tourism may grant a new permit only when the number of foreign tourists has increased by at least 600 thousand persons nationwide after the latest new permit was granted pursuant to Article 21 (2) of the Act, and may grant it to two businesses or less for every 600 thousand increased foreign tourists, considering the following factors: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 26479, Aug. 4, 2015> |
| 1. | Trend in the increase of foreign tourists nationwide and by regions; |
| 2. | Trend in the increase of casino visitors; |
| 3. | Total capacity of existing casino business operators; |
| 4. | Total revenues of foreign currencies earned by existing casino business operators; |
| 5. | Other matters necessary for the sound operation of casino business and the promotion of the tourism industry. |
| (4) | Deleted. <by Presidential Decree No.27425, Aug. 2, 2016> |
| Article 28 (Period of Conditional Business Permit of Casino Business) |
"Period prescribed by Presidential Decree" in the main sentence of Article 24 (1) of the Act means a period within one year from the date on which a person obtains a conditional business permit. [This Article Wholly Amended by Presidential Decree No. 23199, Oct. 6, 2011]
| Article 29 (Scope of Casino Workers) |
"Employees specified by Presidential Decree" in the part other than each of subparagraph of Article 28 (1) of the Act refers to the persons who work for a casino business on a regular or temporary basis on behalf of or for a casino operator or under the direction of such casino operator, regardless of position or job title.
| Article 29-2 Deleted. <by Presidential Decree No. 25532, Aug. 6, 2014> |
| Article 30 (Payment, etc. to Tourism Promotion Development Fund) |
| (1) | The gross sales under Article 30 (1) of the Act shall be an amount calculated by subtracting the total amount paid to customers from the total amount received from customers in connection with casino operations. |
| (2) | The rate of payment due to the Tourism Promotion Development Fund (hereinafter referred to as "contribution") under Article 30 (4) of the Act shall be either of the following: |
| 1. | If annual gross sales do not exceed one billion won: 1/100 of the gross sales; |
| 2. | If annual gross sales exceed one billion won, yet do not exceed ten billion won: Ten million won plus 5/100 of the amount exceeding one billion won of the gross sales; |
| 3. | If annual gross sales exceed ten billion won: 460 million won plus 10/100 of the amount exceeding ten billion of the gross sales. |
| (3) | Every casino operator shall submit financial statements for the preceding year along with an audit report issued by a certified public accountant to the Minister of Culture, Sport and Tourism by no later than the end of March of each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (4) | The Minister of Culture, Sport and Tourism shall determine the amount of contribution calculated on the basis of gross sales for the preceding year pursuant to paragraph (2) and issue a written notice to each casino operator no later than by April 30 every year demanding him her to pay it to the account in the Bank of Korea opened for the management of receipts and disbursements of the Tourism Promotion Development Fund within a given period not exceeding two months. In such cases, the contribution may be paid in two installments, and the deadline for payment shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 25058, Feb. 24, 2010> |
| 1. | First installment: By June 30 each year; |
| 2. | Second installment: By September 30 each year; |
| 3. | and 4. Deleted. <by Presidential Decree No. 25058, Feb. 24, 2010> |
| (5) | Where a casino operator is unable to pay his/her contribution by deadline due to a natural disaster or any similar event or cause, he/she shall pay it within seven days from the date on which such event or cause ceases to exist. |
| Article 31 (Period of Conditional Business Permit of Amusement Facility Business, etc.) |
| (1) | "Period prescribed by Presidential Decree" in the main sentence of Article 31 (1) of the Act means a period pursuant to the classification under the following subparagraphs from the date on which a person obtains a conditional business permit: |
| 1. | Where a person intends to conduct an amusement complex business: Five years; |
| 2. | Where a person intends to conduct an amusement park business: Three years. |
| (2) | The term "other compelling reasons" in the proviso to Article 31 (1) of the Act means reasons falling under any of the following subparagraphs: |
| 1. | Where an overwhelming reason corresponding to a natural disaster exists; |
| 2. | Where the creation of a site and the installation of facilities and equipment are delayed due to circumstances not imputable to a person who has obtained a business permit; |
| 3. | Where the installation of facilities and equipment is delayed due to other technical problems. |
[This Article Wholly Amended by Presidential Decree No. 23199, Oct. 6, 2011]
| Article 31-2 (Serious Accidents Caused by Amusement Facilities, etc.) |
| 2. | Where a life-threatening injury to a person occurs, who is unconscious or a part of function of whose body is seriously injured; |
| 3. | Where at least three injured persons are found at the same time, who need hospital treatment for at least two weeks, as a result of the first medical examination conducted by a doctor within three days from the date when an accident occurs; |
| 4. | Where at least five injured persons are found at the same time, who need hospital treatment for at least one week, as a result of the first medical examination conducted by a doctor within three days from the date when an accident occurs; |
| 5. | Where lifesaving activities are performed because the operation of an amusement facility or machine is suspended for at least 30 minutes. |
| (2) | An amusement facility operator shall submit data within seven days from the date when he/she is ordered to submit the relevant data pursuant to Article 33-2 (2) of the Act: Provided, That where he/she explains a reason why it is difficult for him/her to submit data within a given period, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may extend a deadline for the submission of such data within ten days. |
| (3) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to conduct an on-site inspection pursuant to Article 33-2 (2) of the Act, he/she shall notify, in writing, an amusement facility operator of an inspection plan including the time, place, items, etc. of the on-site inspection in advance: Provided, That the foregoing shall not apply where the on-site inspection should be urgently conducted or there are unavoidable circumstances. |
| (4) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu conducts an on-site inspection under paragraph (3), he/she shall organize an accident investigation team comprised of not more than three persons including an expert relating to disaster management. |
| (5) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems that the relevant amusement facility or machine may pose a significant hazard to safety in accordance with data under Article 33-2 (2) of the Act and the results of an on-site inspection, he/she may order an amusement facility operator to take following measures pursuant to paragraph (3) of the aforesaid Article: |
| 1. | An order to suspend the use of an amusement facility or machine: Where the continued use of the amusement facility or machine is likely to interfere with the safety of users, etc.; |
| 2. | An order to make improvements: Where safe operation is possible through improvements in the amusement facility or machine though defects are found in the structure and mechanism of the relevant amusement facility or machine; |
| 3. | An order to remove an amusement facility or machine: Where safe operation is impracticable because it is difficult to maintain or repair the amusement facility or machine due to serious defects in the structure and mechanism of the relevant amusement facility or machine. |
| (6) | Where an amusement facility operator has an objection to an order to take measures under paragraph (5), he/she may file a formal objection within two months from the date when he/she receives an order to take measures. |
| (7) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a formal objection under paragraph (6), he/she shall organize a new accident investigation team comprised of not more than three persons including one person among the members of the accident investigation team organized first and conduct an on-site investigation. |
| (8) | An amusement facility operator ordered to make improvements pursuant to Article 33-2 (3) of the Act shall undergo an inspection by a tourism association of each category of business or a specialized research or inspection institution entrusted with authority to conduct a safety inspection of amusement facilities or machines, and inspection confirming that facilities or machines are not subject to a safety inspection pursuant to Article 65 (1) 3 to determine whether the relevant facilities or machines are suitable for operation after he/she completes improvements in amusement facilities or machines, and submit the results of the inspection to the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. |
[This Article Newly Inserted by Presidential Decree No. 26642, Nov. 18, 2015]
| Article 32 (Period for Commencement or Completion of Facilities under Approved Business Plan) |
"Period specified by Presidential Decree" in Article 35 (1) 8 of the Act means any of the following periods: <Amended by Presidential Decree No. 21590, Jun. 30, 2009> | (a) | Period for commencement: Four years from the date when the project plan has been approved; |
| (b) | Period for completion: Seven years from the date when the work has been started; |
| (a) | Period for commencement: Two years from the date when the project plan has been approved; |
| (b) | Period for completion: Five years from the date when the work has been started. |
| Article 33 (Guidelines for Administrative Dispositions) |
| (1) | The categories of violations and guidelines for administrative dispositions by the Minister of Culture, Sports and Tourism, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") or the head of a Si/Gun/Gu (hereinafter referred to as the "head of the registration agency") pursuant to Article 35 (1) or (2) of the Act are prescribed in attached Table 2. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009> |
| (2) | The head of the registration agency shall, whenever he/she makes a disposition pursuant to paragraph (1), keep and maintain the records of details of the disposition in the record book of administrative dispositions, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| Article 34 (Categories of Violations Subject to Penalty Surcharges and Amount of Penalty Surcharges) |
| (1) | The amounts of penalty surcharges imposed pursuant to Article 37 (2) of the Act depending upon the category and degree of each violation are prescribed in attached Table 3. |
| (2) | The head of the registration agency may aggravate or abate the penalty surcharges within the limit of one half of the amount of penalty surcharges under paragraph (1), considering the scale of business of each business operator, characteristics of the business territory concerned, and the degree and frequency of the offense at issue: Provided, That the total amount of penalty surcharges aggravated may not exceed 20 million won. |
| Article 35 (Imposition and Payment of Penalty Surcharges) |
| (1) | Whenever the head of the registration agency intends to impose penalty surcharges on a violater pursuant to Article 37 of the Act, he/she shall issue the violater a written notice, stating clearly the category of violation, the amount of surcharge, etc., demanding the payment thereof. |
| (2) | A person who receives a notice under paragraph (1) shall pay the penalty surcharge to the receiving institution designated by the head of the registration agency: Provided, That if he/she is unable to pay the penalty surcharge within the period due to a natural disaster or any similar event or cause, he/she shall pay it within seven days from the date on which such event or cause ceases to exist. |
| (3) | The receiving institution which receives penalty surcharge in accordance with paragraph (2) shall, upon receiving payment of the penalty surcharge, notify the head of the registration agency of the payment without delay. |
| (4) | When the receiving institution of penalty surcharge receives penalty surcharge in accordance with paragraph (2), it shall notify the head of registration agency thereof without delay. |
| (5) | No penalty surcharge may be paid in installments. |
| Article 36 (Qualification Standards for Tourism Services Requiring Qualifications) |
The tourism services for which the head of the registration agency, etc. may recommend tourism business operators to employ or may have those qualified as tourism workers be engaged in pursuant to Article 38 (1) of the Act and the standards of qualification for each service are as prescribed in attached Table 4. <Amended by Presidential Decree No. 21768, Oct. 7, 2009>
| Article 37 (Tourism Workers under Control of the Mayor/Do Governor) |
"Tourism worker specified by Presidential Decree" in the main sentence in the part above subparagraphs of Article 40 of the Act refers to: | 1. | A certified domestic tour guide; |
| 2. | A certified hotel server. |
| Article 38 (Requirements for Establishment of Korea Tourism Association) |
| (1) | In order to establish the Korea Tourism Association (hereinafter referred to as the "Association") pursuant to Article 41 (2) of the Act, promoters consisting of at least one-third of representatives from tourist associations for each region and business category under Article 41 shall prepare the articles of association for adoption by a resolution at the inaugural general meeting comprised of a majority of representatives from tourist associations for each region and business category. |
| (2) | Such business affairs as may be necessary until executives are appointed after the establishment of Association shall be carried out by the promoters. |
| Article 39 (Permit for Mutual Aid Fund) |
| (1) | The Association shall, if it intends to obtain a permit for its operation of a mutual aid fund under Article 43 (2) of the Act, file an application with the Minister of Culture, Sport and Tourism along with a copy of the mutual aid regulations attached thereto. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (2) | The mutual-aid regulations under paragraph (1) shall contain the provisions concerning the method for running the fund, the mutual aid agreement, the methods for computing mutual aid contributions and obligatory reserves. |
| (3) | Whenever the Association intends to amend any provision of the mutual aid regulations under paragraph (1), it shall obtain approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (4) | The person who runs the mutual aid fund shall appropriate and accumulate the obligatory reserves for the fund at the end of each business year, as prescribed by the mutual aid regulations. |
| (5) | The accounts for the mutual aid fund shall be managed separately from the accounts for the Association's other projects. |
| Article 40 (Business Affairs of Mutual Aid Fund) |
| 1. | Mutual aid for and indemnification from a liability for damage to property and personal injury caused by an accident that may arise in connection with activities of tourism business operators; |
| 2. | Compensation for damage inflicted on employees by an accident that may arise in connection with tourism business activities; |
| 3. | Other services for pursuing the economic mutual benefits of members. |
| Article 41 (Establishment of Tourist Associations by Region or Business Category) |
The scope of tourist associations by a region or a business category established pursuant to Article 45 (1) of the Act is as follows: <Amended by Presidential Decree No. 21271, Jan. 20, 2009> | 1. | Each tourist association for a region may be established with the business territory corresponding to the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province, and may have branches in such areas as may be deemed necessary; |
| 2. | Each tourist association for a business category may be established with the business territory corresponding to the whole territory of Korea, considering the characteristics of its business. |
| Article 41-2 (Preparation Scope of Tourism Statistics) |
| 1. | Matters concerning tourism behavior of foreign tourists visiting Korea; |
| 2. | Matters concerning tourism behavior of Korean nationals; |
| 3. | Matters concerning management of tourism business operators; |
| 4. | Matters concerning current status and management of tourist destinations and tourism complexes; and |
| 5. | Other matters deemed necessary by the Minister of Culture, Sports and Tourism or heads of local governments for development of tourism industry |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 41-3 (Scope of Social Groups Excluded from Tourism) |
“People prescribed by Presidential Decree and excluded from tourism, including recipients eligible under the National Basic Livelihood Security Act and low income earners” referred to in Article 47-5 (1) means the following persons: <Amended by Presidential Decree No. 26683, Nov. 30, 2015> | 4. | Other persons determined and publicly notified by the Minister of Culture, Sports, and Tourism among those in need of support to enjoy tour activities due to economic or social restrictions, etc. |
[This Article Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014]
| Article 41-4 (Materials Necessary for Providing Tour Vouchers) |
“Materials prescribed by Presidential Decree, including materials about family relation certificates, national taxes, local taxes, land, buildings, the National Health Insurance, and the National Pension” referred to in the main sentence of Article 47-5 (2) of the Act, means the following: | 1. | Materials verifying that the relevant person belongs to the social group excluded from tourism under Article 41-3; |
| 2. | A certified copy of resident registration; |
| 3. | A family relation certificate. |
[This Article Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014]
| Article 41-5 (Organization Solely in Charge of Tour Voucher-Related Affairs) |
| (1) | Requirements for designation of an organization solely in charge of tour voucher-related affairs (hereinafter referred to as “organization solely in charge”) are as follows: |
| 1. | To be equipped with personnel and financial capacities for performing the affairs referred to in the subparagraphs of paragraph (3); |
| 2. | To be equipped with facilities necessary for performing the affairs referred to in the subparagraphs of paragraph (3); |
| 3. | To establish a system for cooperating with other related agencies or organizations, to efficiently publicize tour vouchers. |
| (2) | Upon designating an organization solely in charge which meets all of the requirements provided for in paragraph (1), the Minister of Culture, Sports and Tourism shall post the fact on the web-site of the Ministry of Culture, Sports and Tourism. |
| (3) | An organization solely in charge shall: |
| 3. | Cooperate with tourism organizations, tourism facilities, etc. for facilitating the use of tour vouchers; |
| 4. | Conduct surveys, research, education, and publicity for facilitating the use of tour vouchers; |
| 5. | Conduct projects for enhancing the convenience of tour voucher users; |
| 6. | Compile and manage statistics related to tour vouchers; |
| 7. | Perform other affairs deemed necessary by the Minister of Culture, Sports and Tourism for efficiently performing tour voucher-related affairs. |
[This Article Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014]
| Article 41-6 (Issuance of Tour Vouchers) |
An organization solely in charge or the head of a Si/Gun/Gu (referring to the administrative city mayor, in cases of Jeju Special Self-Governing Province established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) shall issue tour vouchers, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014]
| Article 41-7 (Standards for Designation of Cultural Tourism Festivals) |
Standards for designation of cultural tourism festivals under Article 48-2 (3) of the Act shall be determined, considering the following: | 1. | Characteristics and details of a festival; |
| 2. | Operational capacity of a festival; |
| 3. | Effects of inducing tourists and economic ripple effects; |
| 4. | Other matters determined by the Minister of Culture, Sports and Tourism. |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 41-8 (Methods for Supporting Cultural Tourism Festivals) |
| (1) | Each person holding a regional festival which he/she intends to be designated as a cultural tourism festival under Article 48-2 (3) of the Act, shall file an application for designation with the Minister of Culture, Sports and Tourism via the competent Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province. |
| (2) | Upon receipt of an application for designation under paragraph (1), the Minister of Culture, Sports and Tourism may designate the relevant regional festive as a cultural tourism festival according to the standards for designation under Article 41-3. <Amended by Presidential Decree No. 25783, Nov. 28, 2014> |
| (3) | The Minister of Culture, Sports and Tourism may subsidize cultural tourism festivals designated deferentially, within budgetary limits, depending on the class of a festival. |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 42 (Time for Establishment of Plans for Development of Tourism) |
The master plan for development of tourism under Article 49 (1) of the Act shall be established every ten years, while each zonal plan for development of tourism shall be established every five years.
| Article 43 (Minor Modification to Zonal Plan) |
| (a) | Matters concerning protection, use, management, etc. of tourism resources; |
| (b) | Reduction of the area [which refers to the area included in the zonal plan; the same shall apply in items (c) and (d)] of a tourist destination or a tourism complex (hereinafter referred to as "tourist destination"); |
| (c) | Extension of the area of a tourist destination by 30/100 or less; |
| (d) | Adjustment of the area of a tourist destination, etc. (which shall be limited to adjustment within the limit of 30/100 of the area) or change of the name, reflecting geographical conditions. |
| Article 44 (Minor Change in Area) |
| 1. | A change in an area due to correction of the area according to a cadastral research or survey; |
| 2. | A change in an area (excluding cases in which farmland of 10,000 square meters or more in an agricultural promotion area under Article 30 of the Farmland Act or farmland of 60 thousand square meters in any area, other than an agricultural promotion area, is included in the area additionally) within the limit of 30/100 of the area designated as a tourist destination. |
| Article 45 (Designation and Public Notice of Tourist Destinations) |
| 1. | Date of public notice; |
| 2. | Location and area of the tourist destination; |
| 3. | A topographic map drawn to a scale of 1 to 25,000 or larger with the area of the tourist destination marked. |
| (2) | The Mayor/Do Governor (excluding the Governor of a Special Self-Governing Province) shall, whenever he/she designates and publicly notifies a tourist destination, notify the head of a Si/Gun/Gu concerned of details of the designation. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| (3) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu who has received a notice pursuant to paragraph (2) shall prepare a land record with lot numbers, land categories, land register, and owners described therein to make it available to the general public for inspection. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| Article 46 (Application for Approval for Development Plans) |
| (1) | A person who desires to obtain approval for a development plan for a tourist destination or revisions to such development plan pursuant to Article 54 (1) of the Act shall file an application for approval for the development plan or the revisions along with the following documents attached thereto: Provided, That it is not necessary to attach any document concerning any matter unrelated to revisions, when filing an application for approval for the revisions to a development plan, and documents certifying the ownership of or the right of usage to the state-owned or public land under subparagraph 4 may be submitted before commencement of the related project after the development plan is approved: <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| 1. | A plan for tourist facilities, a plan for investment, and a plan for management of the tourist destination, containing matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; |
| 2. | A land record with lot numbers, land categories, land register, owners and area of each facility described therein; |
| 4. | Documents certifying the ownership of or the right of usage to the land, in cases where it is developed by a private developer under subparagraph 8 of Article 2 of the Act: Provided, That it is also required to submit documents certifying the ownership of the land acquired and documents certifying the ownership of or the right of usage to the state-owned or public land, if the private developer who develops a tourist destination has acquired two-thirds or more of private land out of the land subject to the development. |
| (2) | A tourism complex developer who intends to file an application for approval for a development plan or revisions to such development plan under the proviso to Article 54 (1) of the Act, shall file it with the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, and the head of Si/Gun/Gu shall, upon receiving such application for approval, submit it to the Mayor/Do Governor (excluding the Governor of a Special Self-Governing Province) along with his/her opinion attached thereto within 20 days from the date on which he/she receives the application. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| Article 47 (Minor Modification to Development Plans) |
| 1. | Change in the area planned for tourist facilities within the limit of 20/100 of the area; |
| 2. | Change in the area under the land use plan for the area of each facility in the tourist facility plan (which refers to the area under approved revisions to the land use plan, if there are approved revisions to the relevant development plan) within the limit of 30/100 of the area (or change in the area by 660 square meters or less, if the total area of the land under the land use plan for the area of each facility is less than 2,200 square meters); |
| 3. | Change in the total floor area of the building within the area of each facility under the tourist facility plan (which refers to the total floor area of the building under approved revisions, if there are approved revisions to the relevant development plan) within the limit of 30/100 of the total floor area (or change in the total floor area by 660 square meters or less, if the total floor area of the building within the area of each facility is less than 2,200 square meters). |
| (2) | A person who has obtained approval for a development plan for a tourist destination shall, whenever he/she makes any minor modification to the development plan under paragraph (1), notify the head of the relevant administrative agency and the person having authority to grant approval for the development plan thereof, respectively. |
| Article 48 (Permission for Execution of Development Projects) |
| (1) | A person who intends to obtain permission for or consult regarding the execution of a development project under Article 55 (3) of the Act shall file an application therefor with the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu or the person who has obtained approval for the relevant development plan (hereinafter referred to as "project executor") respectively, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009> |
| (2) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu or the project executor shall, whenever he/she intends to grant permission or hold consultations pursuant to paragraph (1), review the development plan in the following aspects: <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| 1. | Whether the project contravenes the development plan; |
| 2. | Whether the project is compatible with the natural landscape and characteristics of the tourist destination. |
| Article 49 (Entrustment of Site Purchase and Compensation) |
| (1) | A tourism complex developer who intends to entrust the head of the competent local government with services relating to the purchase of a site for the development project and compensation for losses from the project under Article 55 (5) of the Act shall specify the following terms and conditions clearly: |
| 1. | Place and period for executing entrusted services; |
| 2. | Kinds, scale, and amount of entrusted services; |
| 3. | Expenses involved in performance of entrusted services and the method of payment thereof; |
| 4. | Other matters necessary for performance of the entrusted services. |
| (2) | The head of a local government may, upon being entrusted with services under paragraph (1), charge the entrusting person fees for his/ her services, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| Article 49-2 (Installation Scope of Main Electric Facilities, etc) |
The detailed installation scope of main electric facilities and distribution facilities to be installed under Article 57-2 (1) of the Act means the area from the infrastructure outside the district for a tourist complex development project to the boundary of individual lots adjoining to roads determined as no less than 6 meters of urban or military planning facilities according to the land utilization plan inside the development project district. <Amended by Presidential Decree No. 23718, Apr. 10, 2012> [This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 50 (Constructive Authorization and Permission) |
| Article 50-2 (Inspection of Completion) |
| (1) | Where a project implementer intends to undergo a completion inspection by completing the whole or part of a development project prescribed in Article 58-2 (1) of the Act, he/she shall submit an application for a completion inspection including the following matters to the Mayor/Do Governor: |
| 1. | Name (referring to the name of a corporation and name of the representative in cases of a corporation) or address of a project implementer; |
| 2. | Name of a development project; |
| 3. | Location and area of a region where a development project is completed; |
| 4. | Duration of a development project. |
| (2) | The following documents and drawings shall be attached to the application for completion of an inspection conducted under paragraph (1): <Amended by Presidential Decree No. 21881, Dec. 14, 2009; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 26302, Jun. 1, 2015; Presidential Decree No. 27472, Aug. 31, 2016> |
| 1. | Completion design documents (photos before commencement and completion photos shall be attached); |
| 3. | Jurisdiction records and drawings of public facilities, land, etc prescribed in Article 58-3 of the Act (including appraisal records for public facilities, land, etc, whose purposes are abolished, by an appraisal business operator prescribed in the Act on Appraisal and Certified Appraisers and construction cost calculation sheets of public facilities newly installed, where a project implementer is a private developer); |
| 5. | Land substitution plan and current and old cadastral comparative drawings (only applicable where land substitution is complete); |
| 6. | Management and disposition plans of developed land, facilities, etc. |
| (3) | The Mayor/Do Governor, in receipt of an application for a completion inspection conducted under paragraph (1), shall arrange the inspection schedule and notify the head of a state agency or a local government who will acquire or manage public facilities included in the application for a completion inspection thereof five days prior to the date of such inspection. A state agency or a local government who intends to participate in the completion inspection shall request participation by no later than the day before the date when a completion inspection is conducted. |
| (4) | The Mayor/Do Governor, in receipt of a completion inspection conducted under paragraph (1), shall issue a certificate of a completion inspection and shall publicly notify each of the following subparagrpahs in the Official Gazette if he/she deems that the relevant development project is completed in compliance with a development plan approved under Article 54 of the Act by conducting completion inspections: |
| 1. | Name of a development project; |
| 2. | Name or address of a project implementer; |
| 3. | Location and area of a region where a development project is completed; |
| 5. | Matters concerning management and disposition of major facilities; |
| 6. | Other matters deemed necessary by the Mayor/Do Governor. |
[This Article Newly Inserted by Presidential Decree No. 21768, Oct. 7, 2009]
| Article 51 Deleted. <by Presidential Decree No. 21768, Oct. 7, 2009> |
| Article 52 (Advance Payment) |
Any project executor who intends to receive advance payments under Article 63 of the Act shall make an agreement on the price and payment method with persons who intend to purchase the land or facilities by units or use the facilities.
| Article 53 (User's Contributions) |
| (1) | A project executor who intends to require a user of support facilities to pay the contribution under Article 64 (1) of the Act shall request the user in writing to pay his/her contribution, clearly stating the name of construction project of support facilities, construction costs, amount of contribution to be born by him/her, the payment method and the deadline for the payment. |
| (2) | The construction costs for support facilities under paragraph (1) shall include: |
| 1. | Construction costs (excluding expenses for research and a survey, design costs, and administrative expenses); |
| 2. | Compensations (including appraisal expenses). |
| (3) | The amount of contribution under paragraph (1) shall be determined by the project executor, through consultation with users, considering the number of users, frequency of access to support facilities, etc. |
| Article 54 (Causer's Liability) |
| Article 55 (Allocation of Expenses for Maintenance, Management, and Repair) |
| (1) | A project executor who intends to allocate expenses for maintenance, management and repairing of common facilities under Article 64 (3) of the Act shall request persons who run their businesses at the tourist destination to pay expenses by a document stating the status of maintenance, management and repair of the common facilities, allocated expenses, the payment method, the deadline for the payment and details of calculation. |
| (2) | The allocation rate of expenses for maintenance, management and repairing of common facilities under paragraph (1) shall be determined by the project executor, through consultation with business operators, in proportion to the amount of benefits derived from the use of the facilities. |
| (3) | The project executor shall notify each year persons, to whom expenses for maintenance, management, and repairing have been allocated, of the final settlement of such expenses. |
| Article 56 (Entrustment of Collection of User's Contributions and Causers's Liabilities) |
Any project executor who intends to entrust the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu with the collection of user's contributions, causer's liabilities, or expenses for maintenance, management, and repair under Article 64 of the Act pursuant to Article 65 (1) of the Act (hereafter referred to as "contributions or similar" in this Article), shall specify the following matters in details of the entrustment: <Amended by Presidential Decree No. 21271, Jan. 20, 2009> | 1. | Names and addresses of persons who owe such contributions or similar; |
| 2. | Amounts of contributions or similar; |
| 3. | Ground and time limit for the payment of contributions or similar; |
| 4. | Other matters necessary for the collection of contributions or similar. |
| Article 57 (Details of Measures for Resettlement) |
| 1. | Purchase of housing lots and arable land; |
| 2. | Preparation of housing lots and construction of houses; |
| 3. | Compensation for resettlement; |
| 4. | Methods and time for resettlement; |
| 5. | Expenses involved in measures for resettlement; |
| 6. | Other necessary matters. |
| Article 58 (Requirements for Designation of Special Tourist Zone) |
| (1) | "Guideline prescribed by Presidential Decree" in Article 70 (1) 1 of the Act means that the number of foreign tourists during the preceding one year in the relevant area is 100 thousand persons (or 500 thousand persons for Seoul Special Metropolitan City) according to the statistics announced by an institution specialized in statistics that meet the guidelines publicly notified by the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (2) | "Guideline prescribed by Presidential Decree" in Article 70 (1) 3 of the Act means that the ratio of the area of land that has no direct connection with tourist activities, such as woodland, farmland, industrial area, and housing lots, to total area of a special tourist zone is ten percent. |
| Article 59 (Establishment and Implementation of Plan for Development of Special Tourist Zone) |
| (1) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may, if necessary to establish a plan for development of a special tourist zone (hereinafter referred to as "promotion plan") pursuant to Article 71 of the Act, seek opinions from residents of the relevant Special Self-Governing Province and Si/Gun/Gu. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| (2) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall establish and implement a promotion plan containing the following matters: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009> |
| 1. | Matters concerning improvement of facilities for convenience of foreign tourists; |
| 2. | Matters concerning unique and various festivities, events, and other public relations activities; |
| 3. | Matters concerning improvement of system for attracting tourists; |
| 4. | Matters concerning development of tour courses connecting the special tourist zone with surroundings; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism as necessary for attracting tourists, including establishment of order in tourism and improvement of tourism services. |
| (3) | The Governor of a Special Self-governing Province and the head of a Si/Gun/Gu shall review the reasonableness of the established promotion plan every five years, and shall take necessary measures, such as revisions to the promotion plan. <Amended by Presidential Decree No. 21271, Jan. 20, 2009> |
| Article 60 (Evaluation of Special Tourist Zones and Subsequent Measures) |
| (1) | The Mayor/Do Governor shall evaluate the current status of implementation of a promotion plan under Article 73 (1) of the Act annually and shall organize an evaluation team consisting of experts from academic circles, institutions, and organizations relating to tourism, local residents, and people working for tourism-related industries for such evaluation. |
| (2) | The Mayor/Do Governor shall report outcomes of the evaluation under paragraph (1) to the Minister of Culture, Sports and Tourism within one month from the date on which such evaluation is completed, and the Minister of Culture, Sports and Tourism may, if deemed necessary to evaluate certain matters in addition to matters reported by the Mayor/Do Governor, conduct evaluation of the current status of implementation of the promotion plan directly. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (3) | The Mayor/Do Governor may take any of the following measures pursuant to Article 73 (2) of the Act according to outcomes of the evaluation of the current status of implementation of the promotion plan: |
| 1. | Revocation of designation of the special tourist zone, if it is found that the special tourist zone has failed for three years consecutively to meet the requirements for designation of a special tourist zone and there is no possibility of improvement; |
| 2. | Revocation of designation of the special tourist zone, if the special tourist zone has shown inadequate outcomes of implementing the promotion plan and has failed to comply with recommendations for improvement on three or more occasions; |
| 3. | Adjustment of the designated area or recommendation for improvement of the investment and business plan, if the special tourist zone has shown inadequate outcomes of implementing the promotion plan. |
| Article 60-2 (Scope of Hotel Businesses Accorded Special Treatment under Building Act) |
"Tourism business operator prescribed by Presidential Decree" in the main sentence of Article 74 (2) of the Act, means a person who runs any of the following tourism business: | 3. | General travel business referred to in Article 2 (1) 1 (a); |
| 4. | Tourist theater business referred to in Article 2 (1) 3 (e); |
| 5. | Tourist restaurant business, passenger vehicle terminal facility business, and tourist duty-free business referred to in Article 2 (1) 6 (d), (g), and (k). |
[This Article Wholly Amended by Presidential Decree No. 28128, Jun. 20, 2017]
| Article 61 (Application for Grant of State Subsidies) |
| (1) | Any person who intends to receive a subsidy under Article 76 (1) of the Act shall file an application with the Minister of Culture, Sports and Tourism as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (2) | The Minister of Culture, Sports and Tourism may, upon receiving an application under paragraph (1), examine details and conditions of such an application by assigning related public officials to conduct a field survey by related public officials, if deemed necessary. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| Article 62 (Decision to Grant Subsidies) |
| (1) | If the Minister of Culture, Sports and Tourism concludes that application under Article 61 is reasonable, he/she shall make a decision to grant the subsidy and shall notify the applicant of the decision. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (2) | The subsidy under paragraph (1) shall be basically paid before completion of the relevant project, but may be paid after completion of the project, if necessary. |
| (3) | A person who received a subsidy (hereinafter referred to as "subsidized business operator") shall submit a report on the progress of the relevant project to the Minister of Culture, Sports and Tourism as prescribed by the Minister of Culture, Sport and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| Article 63 (Revision to Business Plan) |
| (1) | A subsidized business operator who intends to revise or abolish a business plan or discontinue a related project shall obtain prior approval of the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (2) | A subsidized business operator shall, whenever any of the following events occurs, report it to the Minister of Culture, Sports and Tourism without delay: Provided, That such report shall be submitted by the successor, if the subsidized business operator has deceased, by the representative of the surviving corporation or newly established corporation, if the subsidized business operator has been merged into another corporation, or by the liquidator, if the subsidized business operator has been dissolved: <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| 1. | Change of the name or address (or trade name or the representative's name, if the subsidized business operator is a legal entity); |
| 2. | Amendment or revision to the articles of incorporation or agreement; |
| 3. | Dissolution or bankruptcy; |
| 4. | Commencement or termination of the project. |
| Article 64 (Restrictions on Spending of Subsidies) |
| (1) | No subsidized business operator shall spend subsidies for any purpose other than the originally contemplated purpose of such subsidies. |
| (2) | If a person, to whom it was decided to grant a subsidy, or a subsidized business operator is found to fall under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke the decision to grant the subsidy, suspend the grant of the subsidy, or order him/her to return the subsidy already paid in whole or in part: <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| 1. | If the person filed an application for the subsidy or received the subsidy by false or other fraudulent means; |
| 2. | If the person breached a condition for granting the subsidy. |
| Article 64-2 (Reduction of or Exemption from Rent of Public Property) |
| (1) | The rate of reduction of or exemption from a rent of public property under Article 76 (3) of the Act shall be prescribed by Municipal Ordinance of the relevant local government within the extent of 30/100 of the rent of public property in consideration of effects, etc. on the creation of jobs and the revitalization of regional economy. |
| (2) | A business operator of a tourist destination, etc. who intends to get a reduction of or exemption from a rent of public property pursuant to Article 76 (3) of the Act shall file an application for reduction of or exemption from such rent with the head of the relevant local government. |
[This Article Newly Inserted by Presidential Decree No. 23199, Oct. 6, 2011]
| Article 65 (Entrustment of Authority) |
| (1) | The head of a registration agency, etc. shall entrust the Korea Tourism Organization, the Association, tourist associations for each region and business category, specialized research and inspection institutes or qualification examination institutions with his/her authority over the following affairs pursuant to Article 80 (3) of the Act: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21271, Jan. 20, 2009; Presidential Decree No. 21768, Oct. 7, 2009; Presidential Decree No. 23199, Oct. 6, 2011; Presidential Decree No. 26479, Aug. 4, 2015> |
| 1. | The authority to designate a tourist restaurant business, tourist photographing business and passenger vehicle terminal facilities business, among tourist convenience facility businesses under Articles 6 and 35 of the Act, and to revoke such designation: It shall be entrusted to a tourist association for each region; |
| 1-2. | The authority over registration of an overseas travel guide and issuance of his/her certificate under Article 13 (2) and (3) of the Act; It shall be entrusted to tourism associations by type of business; |
| 1-3. | The authority of the Minister of Culture, Sports, and Tourism to designate or cancel designation of excellent accommodation facilities under Article 19-2 of the Act: It shall be entrusted to the Korea Tourism Organization; |
| 2. | The authority to conduct an inspection of casino machines pursuant to Article 25 (3) of the Act: It shall be entrusted to an inspection institute designated by the Minister of Culture, Sports, and Tourism pursuant to Article 25 (2) of the Act (hereinafter referred to as "inspection institute responsible for inspection of casino machines"); |
| 3. | Authority to conduct a safety inspection of amusement facilities or machines under Article 33 (1) and inspection confirming that facilities or machines are not subject to a safety inspection: It shall be entrusted to a tourism association of each category of business or a specialized research or inspection institution which has human resources, facilities, etc. prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, and designated by the Minister of Culture, Sports, and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, respectively. In such cases, the Minister of Culture, Sports, and Tourism shall announce the name, address, representative, etc. of a tourism association of each category of business or a specialized research and inspection institution; |
| 3-2. | Authority to conduct safety education of safety supervisors under Article 33 (3) of the Act: It shall be entrusted to a tourism association of each category of business or a specialized research or inspection institution related to safety, respectively. In such cases, the Minister of Culture, Sports, and Tourism shall announce the name, address, representative, etc. of a tourism association of each category of business or a specialized research or inspection institution related to safety; |
| 4. | The authority over examinations on qualifications for tour interpreter guides, certified hotel operators, and certified hotel managers among tourism workers under Article 38 of the Act, the registration of such tourism workers, and the issuance of qualification certificates: It shall be entrusted to the Korea Tourism Organization: Provided, That affairs concerning the management of a qualifying examination, such as setting questions and administration, marking or such of a qualifying examination, shall be entrusted to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act; |
| 5. | The authority over examinations on qualifications for domestic tour guides and certified hotel service managers among tourism workers under Article 38 of the Act, the registration of such tourism workers, and the issuance of qualification certificates: It shall be entrusted to the Association: Provided, That affairs concerning the management of a qualifying examination, such as setting questions, and administration, and marking of a qualifying examination, shall be entrusted to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act; |
| 6. | The authority over the authentication of an educational program for training, etc. of culture and tourism expositors and the cancellation of the authentication thereof under Articles 48-6 and 48-7 of the Act: It shall be entrusted to the Korea Tourism Organization. |
| (2) | Every tourism association for each region that performs affairs entrusted pursuant to paragraph (1) 1 shall report its performance to the Mayor/Do Governor. |
| (3) | The Mayor/Do Governor shall integrate reports submitted by tourism associations for each region pursuant to paragraph (2) each month to prepare a comprehensive report and submit it to the Minister of Culture, Sports, and Tourism by no later than the tenth day of the following month. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (4) | The inspection institute responsible for inspection of casino machines, to which the authority to inspect casino machines has been entrusted pursuant to paragraph (1) 2, shall prepare operating regulations on the inspection under paragraph (1) 2 and obtain approval from the Minister of Culture, Sports, and Tourism therefor, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. The foregoing shall also apply to intended amendments to such regulations. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (5) | A tourist association for a business category or a specialized research and inspection institute that performs affairs entrusted pursuant to paragraph (1) 3 shall, when it finds any violation of a statute while carrying out entrusted affairs, report it to the competent Special Self-Governing Province Governor and the head of a Si/Gun/Gu without delay. <Amended by Presidential Decree No. 21271, Jan. 20, 2009; Presidential Decree No. 23199, Oct. 6, 2011> |
| (6) | The Korea Tourism Organization, the Association, a tourism association by type of business and Human Resources Development Service of Korea that has performed affairs entrusted pursuant to paragraph (1) 1-2, 1-3 and 4 through 6 shall prepare a comprehensive report on affairs relating to registration of an overseas travel guide and issuance of his/her certificate, the designation and designation cancellation of excellent accommodation facilities, the examinations on qualifications for tourism workers, registration of such workers, and issuance of qualification certificates of such workers, authentication of an educational program for training, etc. for culture and tourism expositors and revocation of the authentication thereof for each quarter and submit it to the Minister of Culture, Sports, and Tourism by no later than the tenth day of the following quarter. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21768, Oct. 7, 2009; Presidential Decree No. 23199, Oct. 6, 2011> |
| Article 66 (Entrustment of Authority to Determine Ratings) |
| (1) | Pursuant to Article 80 (3) 2 of the Act, the Minister of Culture, Sports and Tourism shall entrust his/her authority to determine the ratings of hotel businesses under Article 19 (1) of the Act to a corporation determined and publicly announced by the Minister of Culture, Sports and Tourism, which meets the following requirements: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 25783, Nov. 28, 2014> |
| 2. | The corporation shall engage in research and enlightenment activities for developing tourism accommodation business, improving services, etc.; |
| 3. | It shall have at least 50 professional evaluators who meet qualification requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (2) | The Minister of Culture, Sports and Tourism may subsidize a corporation entrusted with the authority to determine the ratings of hotel businesses to cover all or some of expenses incurred in performing the entrusted affairs under paragraph (1). <Amended by Presidential Decree No. 25783, Nov. 28, 2014> |
| (3) | Matters necessary for entrusting the authority to determine the ratings of hotel businesses, including standards for entrustment, shall be prescribed and publicly notified by the Minister of Culture, Sports and Tourism. <Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014> |
| Article 66-2 (Processing of Personally Identifiable Information) |
| (1) | The Minister of Culture, Sports, and Tourism (including a person to whom the authority of the Minister of Culture, Sports, and Tourism pursuant to Article 65 has been delegated or entrusted), and the head of a local government (including a person to whom the authority of the head of a local government has been delegated or entrusted) may process materials containing resident registration numbers, passport numbers, or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, when it is inevitable to conduct any of the following affairs: <Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017> |
| 1. | Affairs regarding registration, etc. of a travel business, tourist accommodation business, tourist facilities business, and international conference business referred to in Article 4 of the Act; |
| 2. | Affairs regarding permission for or reporting on a casino business or amusement facility business referred to in Article 5 of the Act; |
| 3. | Affairs regarding designation of a tourist convenience facility business referred to in Article 6 of the Act; |
| (2) | Either of the following persons may process materials containing resident registration numbers, passport numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, when it is inevitable to conduct affairs regarding a mutual aid association or security deposit for business referred to in Article 9 of the Act. <Newly Inserted by Presidential Decree No. 27931, Mar. 8, 2017; Presidential Decree No. 27960, Mar. 27, 2017> |
| 2. | A person prescribed by Ordinance of the Ministry of Culture, Sports and Tourism who conducts affairs regarding security deposit for business. |
| (3) | A person who sells ownership in a facility of a tourism business by units or offers membership therein pursuant to Article 20 of the Act may process materials containing resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, when it is inevitable to conduct affairs regarding issuance and verification of membership cards referred to in paragraph (5) 5 of the same Article. <Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017> |
| (4) | A casino business operator may process materials containing resident registration numbers, passport numbers or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, when it is inevitable to conduct affairs to comply with the casino business rules referred to in Article 28 (2) of the Act (limited to restricting customers' access to a casino due to gambling addiction, etc., and restricting the number of access of customers). <Amended by Presidential Decree No. 26086, Feb. 3, 2015> |
| (6) | The Minister of Culture, Sports, and Tourism (including a person to whom the authority of the Minister of Culture, Sports, and Tourism pursuant to Article 80 has been delegated or entrusted), the head of an organization solely in charge, and the head of a local government (including those to whom his/her authority has been delegated or entrusted) may process materials containing resident registration numbers, passport numbers, driver's license numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, when it is inevitable to conduct affairs regarding provision and management of tour vouchers referred to in Article 47-5 of the Act. <Newly Inserted by Presidential Decree No. 25783, Nov. 28, 2014> |
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
| Article 66-3 (Review of Regulations) |
| (1) | The Minister of Culture, Sports, and Tourism shall review the validity of the following matters every three years (referring to the date immediately preceding each third anniversary from the relevant base date) from the following applicable base dates, and take necessary measures, including improvement: <Amended by Presidential Decree No. 25050, Dec. 30, 2013; Presidential Decree No. 26802, Dec. 30, 2015> |
| 1. | Matters requiring approval to revise business plans under Article 9: January 1, 2014; |
| 2. | Tourism businesses, etc., the operators of which can sell the relevant facilities in units or offer membership under Article 23 January 1, 2014; |
| 2-2. | Requirements to obtain permission for casino business under Article 27 (2): January 1, 2016; |
| 3. | Criteria for registration of tourism businesses under attached Table 1 (excluding criteria for registration of the medical tourism hotel business referred to in subparagraph 2 (g) of attached Table 1): January 1, 2014. |
| (2) | The Minister of Culture, Sports, and Tourism shall review whether the criteria for annual business performance to be met by medical institutions inducing foreign patients and foreign patient brokers under subparagraph 2 (g) (9) of attached Table 1 is feasible and formulate the appropriate criteria by no later than December 31, 2018. <Newly Inserted by Presidential Decree No. 24884, Nov. 29, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21626, Jul. 7, 2009]
| Article 67 (Imposition of Fines for Negligence) |
Standards for imposition of fines for negligence under Article 86 (1) and (2) of the Act shall be as specified in attached Table 5. <Amended by Presidential Decree No. 26642, Nov. 18, 2015> [This Article Wholly Amended by Presidential Decree No. 20976, Aug. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Approval for Tourism Business)
| (1) | Persons who have obtained approval for, or completed the registration of, any tourism business specified on the left column of the following table in accordance with the former provisions of this Decree before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained approval, or completed the registration of, the corresponding tourism business specified on the right-hand column of the same table: |
Tourist hotel business
Marine tourist hotel business
National hotel business
International conference business
| General tourist hotel business
Floating tourist hotel business
Family hotel business
International conference planning business |
|
| (2) | Persons who have completed the registration of any general amusement facility complex business or miscellaneous amusement facility business under Article 4 of the former Enforcement Decree of the Public Health Act before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained permission for a general amusement complex business or an ordinary amusement facility business under the amended provision of Article 2 (1) 5 (a) or (b) hereof, and the persons who filed a report on a miscellaneous amusement facility business under Article 4 of the former Enforcement Rules of the Public Health Act before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have filed a report on a miscellaneous amusement facility business under the amended provision of Article 2 (1) 5 (c) hereof. |
| (3) | Persons who have completed the registration of a tourist restaurant business under the former provisions of this Decree before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained designation as a tourist entertainment restaurant business under the amended provision of Article 2 (1) 6 (a) hereof, and the persons who completed the registration of an exclusive entertainment restaurant business for foreigners under the former provisions of this Decree before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained designation as an exclusive entertainment restaurant business for foreigners under the amended provision of Article 2 (1) 6 (b) hereof. |
| (4) | Persons who have obtained the designation of a specialized tourist restaurant business or an ordinary tourist restaurant business under the former provisions of this Decree before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained designation as a tourist restaurant business under the amended provision of Article 2 (1) 6 (c) hereof. |
| (5) | Persons who have completed the registration of a specialized resort business under the former provisions of this Decree before the Amendment (Presidential Decree No. 16295) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have completed the registration of a specialized resort business under the amended provisions of Article 2 (1) 3 (a) hereof. |
Article 3 Deleted. <by Presidential Decree No. 20976, Aug. 26, 2008>
Article 4 (Transitional Measure concerning Registration of Tourism Business)
The specialized resort businesses, Class-I resort complex businesses, and Class-II resort complex businesses registered under the former provisions of this Decree before the Amendment (Presidential Decree No. 17589) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have been registered as the specialized resort businesses, Class-I resort complex businesses, and Class-II resort complex businesses under the amended provision of Article 2 (1) 3 (a) and (b) hereof respectively. Article 5 (Transitional Measures concerning Registration of Tourist Hotel Business)
| (1) | Persons who have completed the registration of a general tourist hotel business under the former provisions of this Decree before the Amendment (Presidential Decree No. 18082) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have completed the registration of a tourist hotel business under the amended provision of Article 2 (1) 2 (a) hereof. |
| (2) | Persons who have completed the registration of an ordinary tourist hotel business under the former provisions of this Decree before the Amendment (Presidential Decree No. 18082) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have completed the registration of a tourist hotel business under the amended provision of Article 2 (1) 2 (a) hereof. |
Article 6 (Transitional Measure concerning Standards for Qualification for each Tourism Service)
Persons who have acquired any of the qualifications specified on the left column of the following table under the former provisions of this Decree before the Amendment (Presidential Decree No. 18082) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have acquired the corresponding qualification specified on the right hand column of the same table: Tour interpreter-guide
Domestic tour guide
General manager
Class-I or Class-II manager
Server at the front gate, guest rooms, or restaurant | Tour interpreter-guide
Domestic tour guide
Certified hotel operator
Hotel manager
Hotel server |
|
Article 7 (Transitional Measure concerning Approval for Revision to Business Plan)
Persons who have obtained approval of the Mayor/Do Governor for a revision to a business plan under the former provisions of this Decree before the Partial Amendment (Presidential Decree No. 18800) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be deemed to have obtained approval of the head of a Si/Gun/Gu for the revision of the business plan under the amended provision of Article 13 (2) hereof. Article 8 (Transitional Measure concerning Issuance of Membership Certificates)
The membership certificates issued under the former provisions of this Decree before the Partial Amendment (Presidential Decree No. 18800) to the Enforcement Decree of the Tourism Promotion Act enters into force shall be governed by the former provisions, notwithstanding the amended provision of subparagraph 5 of Article 26. Article 9 Deleted. <by Presidential Decree No. 20976, Aug. 26, 2008>
Article 10 Omitted.
Article 11 (Relations with other Statutes)
A citation of the Enforcement Decree of the Tourism Promotion Act or any provision thereof by any other statute, if any, enforceable at the time this Decree enters into force shall be deemed to be a citation of this Decree or a corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20976, Aug. 26, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21128, Nov. 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Sale by Units or Offering Membership)
In cases where documents pertaining to sale by units or offering of membership were submitted to the head of the competent Si/Gun/Gu in accordance with previous provisions and a notice has been already given by the head of the Si/Gun/Gu to permit such sale by units or offering of membership as of the enforcement date of this Decree, such cases shall be governed by previous provisions, notwithstanding the amended provision of Article 24 (1) 3.
ADDENDA <Presidential Decree No. 21271, Jan. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Tourist Convenience Facilities Business)
A Korean restaurant business under the previous provisions of Article 2 (1) 6 (a) at the time this Decree enters into force shall be deemed a tourist entertainment restaurant business under the amended provisions of Article 2 (1) 6 (a), and a tourist theatre restaurant business under the previous provisions of Article 2 (1) 6 (a) shall be deemed a tourist theatre entertainment business under the amended provisions of Article 2 (1) 6 (b).
Article 3 (Transitional Measures concerning Administrative Disposition)
Notwithstanding the amended provisions of attached Table 2, the previous provisions shall apply to administrative dispositions against offenses before this Decree enters into force.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
Article 2 Omitted.
Article 3 (Applicability in Accordance with Amendment of Enforcement Decree of Tourism Promotion Act) The amended provisions of subparagraph 1 of Article 32 of the Enforcement Decree of the Tourism Promotion Act shall apply to any person who has obtained approval for a project plan or any person who has applied for approval for a project plan pursuant to Article 15 of the Act before this Decree enters into force. Articles 4 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. <Proviso omitted.>
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21768, Oct. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21863, Nov. 30, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 22058, Feb. 24, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22209, Jun. 15, 2010>
This Decree shall enter into force on the date of its promulgation. Provided, That the amended provisions of subparagraph 1 of Article 8 shall enter into force six months after its promulgation.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22785, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Transitional Measures concerning Fines for Negligence)
When applying standards for imposition of fines for negligence to offenses committed before this Act enters into force, the former provisions shall apply thereto, notwithstanding the amended provisions of attached Table 5.
ADDENDUM <Presidential Decree No. 23199, Oct. 6, 2011>
This Decree shall enter into force on October 6, 2011.
ADDENDA <Presidential Decree No. 23451, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Transitional Measures concerning Disposition of Imposition of Penalty Surcharges)
Notwithstanding the amended provisions of subparagraph 1 (b) of attached Table 3, the former provisions shall apply to administrative disposition in cases of business beyond the scope of business registered pursuant to Article 4 of this Act before this Act enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 23790, May 14, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 24187, Nov. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24822, Oct. 31, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24884, Nov. 29, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the following amended provisions and Article 4 of the Addenda (limited to the parts related to hostels and small hotels) shall enter into force on the date of its promulgation:
| 1. | The amended provisions of subparagraph 2 (f) of Article 2 (1), subparagraph 3 (a) 2) of Article 13 (1), subparagraph 2 (f) of attached Table 1, and attached Table 3; |
| 2. | The amended provisions of Article 10 (1), Article 60-2, and attached Table 4 (limited to the parts related to the small hotel business). |
Article 2 (Applicability to Criteria for Approval of Business Plans of Hostel Businesses)
The amended provisions of Article 13 (1) 3 (a) 2) shall also apply to business plans, approval of, or revision to, which has been filed with respect to the hostel business pursuant to Article 15 (1) of the Act before this Decree enters into force.
Article 3 (Applicability to Criteria for Imposition of Penalty Surcharges for Violations of Hostel Business Operators)
The amended provisions of subparagraphs 1, 3 and 14 of attached Table 3 shall also apply to violations referred to in subparagraphs 1, 3 and 14 which are committed by hostel business operators before this Decree enters into force.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014: Provided, That the amended provisions of Article 30 shall enter into force on March, 1, 2014.
ADDENDA <Presidential Decree No. 25473, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015: Provided, That the amended provisions of Article 2 (1) 6 (j) shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Restriction on Use of “Tourism Souvenirs”)
Notwithstanding the amended provisions of subparagraph 4 of Article 8, the former provisions shall apply to the imposition of administrative fines under Article 86 (1) 2 of the Act for violations committed before this Decree enters into force.
Article 3 (Transitional Measure concerning Penalty Surcharges)
Notwithstanding the amended provisions of attached Table 3, the former provisions shall apply to uncollected penalty surcharges imposed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25593, Sep. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2014.
Article 2 (Applicability to Disclosure of Results of Consultation)
The amended provisions of Article 26 3 (b) shall apply from the first amendment to any rules on recovery of expenses incurred in maintaining and managing facilities after this Decree enters into force.
Article 3 (Transitional Measure concerning Modification to Criteria for Number of Persons to whom Facilities of Resort Condominium may be Sold)
The amended provisions of Article 24 (1) 3 (b) shall also apply to resort condominium business operators who have submitted the plan for sale in units under Article 25 (1) before this Decree enters into force. In such cases, they shall submit an application for approval to revise the business plan and the revised plan for sale in units pursuant to Article 25 (4).
ADDENDA <Presidential Decree No. 25674, Oct. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation
Article 2 (Transitional Measure concerning Registration of General Campground Business)
A person who operates a general campground business as at the time this Decree enters into force shall meet criteria therefor, and file for registration of the general camp site business by May 31, 2015.
Article 3 (Transitional Measure concerning Modification to Criteria for Registration of Auto Campground Business)
A person registered to run an auto campground business pursuant to the former provisions as at the time this Decree enters into force but fails to meet the criteria for registration provided for in the amended provisions of subparagraph 4 (c) of attached Table 1 shall meet such criteria by May 31, 2015.
ADDENDA <Presidential Decree No. 25783, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014: Provided, That the amended provisions of Article 22 (2) and attached Tables 3 and 4 shall enter into force on January 1, 2015.
Article 2 (Applicability to Business Plans Deemed Consulted on)
The amended provisions of the latter part of Article 10 (4) shall apply from the first request made to consult with the head of the competent administrative agency after this Decree enters into force.
Article 3 (Transitional Measure, etc. concerning Ratings of Hotel Businesses)
| (1) | A person who applies for determination of the rating of his/her hotel business under the proviso to Article 19 (1) of the Act by December 31, 2015, may do so under the former provisions, notwithstanding the amended provisions of Article 22 (2). In such cases, the Minister of Culture, Sports and Tourism shall determine the rating of the hotel business under the former provisions. |
| (2) | A person, the rating of whose hotel business is determined under paragraph (1) and the former Article 22 (2), shall mark the rating of his/her hotel under the former Article 22 (2), if he/she intends mark the rating of his/her hotel business pursuant to Article 10 of the Act. |
| (3) | In applying the amended provisions of attached Tables 3 and 4 to persons whose hotel business was rated at special class 1, special class 2, class 1, class 2, or class 3 pursuant to paragraph (1) and the former Article 22 (2), their hotel business shall be deemed rated at five-star, four-star three-star, two-star, or one-star class, respectively. |
ADDENDA <Presidential Decree No. 26086, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Disposition)
| (1) | Where standards for administrative dispositions apply to violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 2, the former provisions thereof shall apply thereto. |
| (2) | Where a person who was subject to administrative disposition due to a violation he/she committed before this Decree enters into force commits the same violation after this Decree enters into force, notwithstanding the amended provisions of subparagraph 1 (b) of attached Table 2, the former provisions thereof shall apply to the calculation of the number of violations of administrative dispositions to which he/she has been subject due to violations he/she committed before this Decree enters into force. |
| (3) | Where a person who was subject to administrative disposition pursuant to subparagraph 2 (c) i) a) or (t) iv) of attached Table 2 commits the same violation for the first time after this Decree enters into force, the number of violations shall be calculated according to the following classification: |
| 1. | Where a person who was subject to administrative disposition due to the first violation commits the same violation: He/she shall be deemed to have committed the first violation under the amended provisions of subparagraph 2 of attached Table 2; |
| 2. | Where a person who was subject to administrative disposition due to the second violation commits the same violation: He/she shall be deemed to have committed the second violation under the amended provisions of subparagraph 2 of attached Table 2; |
| 3. | Where a person who was subject to administrative disposition due to the third violation commits the same violation: He/she shall be deemed to have committed the third violation under the amended provisions of subparagraph 2 of attached Table 2. |
| (4) | Where a person who was subject to administrative disposition pursuant to subparagraph 2 (i) i) of attached Table 2 commits the same violation for the first time after this Decree enters into force, the number of violations shall be calculated according to the following classification: |
| 1. | Where a person who was subject to administrative disposition due to the first or second violation commits the same violation: He/she shall be deemed to have committed the first violation under the amended provisions of subparagraph 2 of attached Table 2; |
| 2. | Where a person who was subject to administrative disposition due to the third violation commits the same violation: He/she shall be deemed to have committed the second violation under the amended provisions of subparagraph 2 of attached Table 2. |
| (5) | Where a person who was subject to administrative disposition pursuant to subparagraph 2 (t) i), ii), iv) a) or vii) of attached Table 2 commits the same violation for the first time after this Decree enters into force, the number of violations shall be calculated according to the following classification: |
| 1. | Where a person who was subject to administrative disposition due to the first violation commits the same violation: He/she shall be deemed to have committed the first violation under the amended provisions of subparagraph 2 of attached Table 2; |
| 2. | Where a person who was subject to administrative disposition due to the second violation commits the same violation: He/she shall be deemed to have committed the second violation under the amended provisions of subparagraph 2 of attached Table 2. |
Article 3 (Transitional Measures concerning Penalty Surcharges)
Where standards for imposition of penalty surcharges apply to violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 3, the former provisions thereof shall apply thereto.
ADDENDA <Presidential Decree No. 26150, Mar. 17, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Registration of Alteration in Campground Business)
The amended provisions of Article 6 (1) 6 shall apply, beginning with cases where the size of a lot is changed, or facilities are installed or removed after this Decree enters into force.
Article 3 (Transitional Measures concerning Penalty Surcharges)
Where standards for imposition of penalty surcharges apply to violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 3, the former provisions thereof shall apply thereto.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jun. 4, 2015.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26479, Aug. 4, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (l) ii) of attached Table 2 and subparagraph 6 (b) of attached Table 3 shall enter into force on August 19, 2015.
ADDENDA <Presidential Decree No. 26642, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 (Transitional Measures concerning Administrative Disposition following Violations of Standards for Selling and Recruitment of Members)
Notwithstanding the amended provision of Article 24 (1) 4, the former provision thereof shall apply to administrative disposition under Article 35 (1) 9 of the Act against violations committed before this Decree enters into force.
Article 3 (Transitional Measures concerning Fines for Negligence)
Imposition of fines for negligence due to violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of subparagraph 1 and 2 (a) through (d) and (f) of attached Table 5.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26802, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26840, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27044, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 23, 2016.
Article 2 (Applicability to Registration of Campground Business)
The amended provisions of subparagraph 4 (c) (i) g and h of attached Table 1 shall apply, beginning with the first registration of a campground business after this Decree enters into force.
Article 3 (Transitional Measures concerning Modification of Type of Tourist Business of City Home-stay Services for Foreign Tourists)
A person whose business falls into the category of the city home-stay service for foreign tourists provided for in the former Article 2 (1) 6 (k) and has obtained designation as a tourist convenience facility business pursuant to Article 6 of the Act before this Decree enters into force shall be deemed to be a person whose business falls into the category of the city home-stay service for foreign tourists provided for in the amended provisions of Article 2 (1) 3 (f) and has obtained designation as a tourist facilities business pursuant to Article 4 of the Act.
Article 4 (Transitional Measures concerning Modification of Name of City Circular Tour Business)
A person whose business falls into the category of the city circular tour business provided for in the former Article 2 (1) 6 (e) and has obtained designation as a tourist convenience facility business pursuant to Article 6 of the Act before this Decree enters into force shall be deemed to be a person whose business falls into the category of the circular tour bus business provided for in the amended provisions of Article 2 (1) 6 (e) and has obtained designation as a tourist convenience facility business pursuant to Article 6 of the Act.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 27241, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27425, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 (Transitional Measures concerning Administrative Dispositions)
| (1) | Former provisions shall apply to administrative dispositions against violations committed before this Decree enters into force. |
| (2) | Administrative dispositions taken against violations committed before this Decree enters into force shall be included in counting the number of violations of the amended provisions of subparagraph 2 (za) of attached Table 2: Provided, That a person who has received an administrative disposition for his/her third violation of the amended provisions of subparagraph 2 (za) of attached Table 2 shall be deemed to have received an administrative disposition for his/her second violation of the amended provisions of subparagraph 2 (za) of attached Table 2. |
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27931, Mar. 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28128, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)